Farmers Acts: Bhartiya Kisan Party moves Supreme Court, says Parliament could not have made laws on subject under State List

The Bhartiya Kisan Party has moved the Supreme Court praying for the three newly passed farmers' legislations to be declared as unconstitutional on the grounds that Parliament is not empowered to legislate on agriculture, which is a State subject..The petition has challenged three newly passed laws:The Farmers (Empowerment and Protection) Agreement of Price Assurance and Farm Services Act, 2020,The Farmers Produce Trade and Commerce (Promotion and Facilitation) Act, 2020, andThe 2020 Amendment to the Essential Commodities Act.These legislations recently came into force after the President gave his assent to them on September 27 amidst widespread resistance and opposition..The petition filed by the Bhartiya Kisan Party raises the question of the passage of the legislations being against the basic structure of the Constitution. It avers that Parliament lacks the power to make laws on the subject of agriculture, which is a subject purely in the domain of State list. Citing Article 246 of the Constitution, the petition states,."A State Legislature has exclusive power to legislate with respect to matters in List II, excluding the matters falling in L ist I and has also concurrent power to legislate with respect to matters falling in List III excluding the matters falling in List I. The dominant position of the Central Legislature with regard to matters in List I and List III is established.".This exclusivity of power in terms of the power to legislate on subjects in List I (Union List) and List II (State List) has been also reiterated by the Supreme Court in its judgments, the petition adds, stating Parliament could not have usurped the power to pass these laws..The petition also addresses the question of repugnancy of legislation, noting that the Court had held that a Central law, which in its pith and substance, deals with a subject falling within List Il, would be bad and ultra vires the Constitution. It is further states,"The concept of repugnancy arises only with regard to laws dealing with subjects covered by the entries falling in List III in respect of which both parliament and State Legislature are competent to legislate. Under Article 254 of the Constitution, a State law passed in respect of a subject matter comprised in List III would be invalid if its provisions were repugnant to a law passed on the same subject by Parliament. The repugnancy arose only if both the laws could not exist together. Repugnancy does not arise simply because Parliament and the States pass' law on the same subject..."However, this repugnancy would not arise in matters where the exclusive power to legislate vests with the State. This principle was laid down by the Apex Court in its 1985 judgment in the case of ITC Ltd. Etc v. State Of Karnataka..Calling upon the Apex Court to take note of Parliament's errant position in this matter, the petition says,."...In this case court can’t be remain as mere spectator after these unconstitutional acts passed by the respondents, this Hon’ble Court is not expected to adopt a passive or negative role and remain bystander or a spectator, if violation of basic structure of constitution is observed.".The plea adds further that one of the roles of the judiciary is also to examine the validity of the laws passed by the legislature, especially in the backdrop of a number of landmark judgments holding that no law or constitutional amendment can sustain if it is violative of the basic structure.."The supreme court of India is the guardian of Indian Constitution and the most important functions of the superior judiciary in India is to examine the competence and validity of legislation.".On these grounds and others, the petition prays for the 2020 Acts to be quashed, and that a stay be imposed on the same pending the adjudication of the matter.It has also been prayed that the Court pass directions to strengthen the existing Agriculture Produce Marketing Committees (APMCs) and that Minimum Support Price (MSP) be implemented in agricultural markets for the benefit of farmers..The petition is filed through Advocate Sanjeev Malhotra and drawn by Advocate KKL Gautam..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.